The principle of economic globalization on the impact of international economic law

First, the five principles of international economic Law

impact of economic globalization continue to promote the market integration process, countries get the benefits of economic globalization, it is also withstand the negative effects. For example, with the trend of the domestic market, the acceleration of international trade friction is increasing. In the context of economic globalization, as economic ties between countries continue to strengthen, increasing interdependence, the intersection of a variety of interests and conflicts, as the adjustment of international economic Law of international economic relations must be adjusted to follow. Principles of economic globalization on the impact of international economic Law mainly in the following areas:
(a) the principles of international economic Law increasingly unified world
result of economic globalization, the increasingly close economic ties, a significant increase in cross-border economic transactions. In order to reduce transaction risks, protect the expected benefits to the establishment of cross-border transactions need to be parties to the transaction generally accepted rules. Meanwhile, with the trend of internationalization of the domestic market growing, national domestic market and international market boundaries become increasingly blurred. Necessary requirement for market integration, uniform rules of the market; market rules and the unity of the unity of the market possible. The principle of unity of international economic Law, mainly through four ways: First, international conventions, the second is international practice, the three are national laws, mainly national economic law, commercial law of convergence, the four cross-border exchanges through a variety of platforms, such as the International meetings to carry out academic exchanges, through teaching, etc. to promote the concept of national legal circles gradually close. Among them, 34 the World Trade Organization agreement is the most influential, most members of the international conventions, and its basic principles are to achieve the liberalization of world trade. Therefore, often said the World Trade Organization (WTO) is the main propellers of economic globalization, and symbolic.

Principles of international economic law is mainly manifested in the trend of unity: one dealing with various international economic and trade relations between the increasing number of international conventions, the role of growing. In this regard, the WTO as the representative of the various international conventions and international trade agreements is most significant unification of the substantive law of a prominent example. Second, as the relevant international economic law (especially international commercial law) existing major sources of law, treaty or convention substantial increase in the number of participating countries. Third, the growing practice of commercial law unification. In recent decades, International Chamber of Commerce hosted a variety of commercial practices amend their business practices to the practices identified in the formation of a unified commercial practices to facilitate the conduct of cross-border transactions. Fourth, all countries regulate the market economic legislation, Commercial Law convergence occurs. Five is to adjust the cross-border transactions between international uniform rules rapidly. The original General Agreement on Tariffs and Trade concerning international trade in goods only to governance issues, but mainly to provide tariffs. But in the next few decades, the General Agreement on areas covered by the treaty system, expanding to the Uruguay Round talks, sentenced to an end, from the expansion of international trade in goods to the international trade in services, international investment, intellectual property protection and other fields; in trade management measures have been specific to the anti-dumping, countervailing, government procurement, customs valuation and other fields. At the same time, WTO new round of multilateral negotiations will be more involved in environmental protection, labor standards and competition policy issues, which may lead to the unity of the field of new international norm formation.

(B) the impact of the deepening national laws
world of economic globalization and integration of the development of a significant feature is that countries choose to implement in the general development strategy while opening up the economy, internal market also reform, market economy as the basis for the operation of the domestic economy, thus promoting the origins of international economic law as an important part of the national legal system of the domestic economy, particularly on foreign economic differences between the law and further reduced. With the WTO, the EU and other international conventions or organizations are increasingly affected, as well as accelerating the pace of regional economic integration, to join or ready to join the growing number of countries or territories, the Parties and is bound to apply to join the party in accordance with relevant conventions or agreements on the domestic law to make the appropriate adjustments. For example, China's accession to WTO has done a lot before and after the amendment on domestic economic law and improve the work in order to be consistent with WTO rules. Another example, including economic law, including EU member states and the European Commission the legal system must be consistent with the principles established by relevant laws, Member States should implement the EC legislation into their domestic law. Therefore, the rules of international economic law is more and more universal applicability and authority.

(C) non-governmental organizations to increase the role of the international economic legislation
with the accelerating process of globalization, international economic legislation of the main trend of increasingly diversified. In addition to the traditional sovereign states, international organizations, the non-governmental organizations in the formulation of international economic law is playing an increasingly important role. Well-known experts in EU Law Professor Schneider, the trend of international economic law and other international legislation as a new trend. Schneider and other experts believe that there are at least three types of non-governmental organizations on the impact of international economic legislation of concern. First, multinational companies. Expansion strategy for the implementation of the global economy, multinational companies for global production, sales, management, development of a unified all aspects of internal rules and standards, the rules and standards, including product quality standards, operating procedures, intellectual property protection mode, the staff code of practice and standards contracts, the uniform rules and standards of some highly technical legislation and its process of international economic law had an important impact, such as the 1980 "United Nations Convention on Contracts for the International Sale of Goods" and the 1994 "General Principles of International Commercial Contracts" and so on. The second is driven by the establishment of multinational non-governmental organizations. Such as the International Organization for Standardization (ISO), International Accounting Committee for Standardization (IASO) and so on. Which, IASO is now in 112 countries and regions in the world set up 153 professional accounting bodies, its main job is to develop international accounting standards and guidelines. Although the IASO standards are not binding in law and enforcement power, but in fact has become a so-called international "generally accepted accounting principles" (GAAP), with which the financial statements if the company does not match, then its global share issue and financing behavior will encounter difficulties. Third, some public welfare non-governmental organizations. International environmental non-governmental organizations in a strong, driven by multinational companies to act quickly to establish the ecological environment for the protection of international service networks. The best known is the identification and labeling of the international community environmental coalition, which includes seven international environmental networks, the development of certification and visa rules have become a widely accepted international standards. Although these non-governmental organizations to develop industry standards and codes of conduct in principle, should be legally binding, but by many countries, companies and lawyers are familiar and widely used, so the fact that in the global movement of multinational production, management and management activities had a significant impact. Links to Research Papers Download http://www.hi138.com
(D) trade and business conditions pose new challenges of innovation
today's world, of science and technology, promoting the production, operation and management concepts and methods of innovation, and provide the appropriate foundation and means. E-commerce, Internet and other new ways and means of trading and the rapid development of emerging and these from the negotiation, contracting, pay cash on delivery and other aspects of telecommunications networks are based on paperless trade is a revolution in the traditional trade patterns, will inevitably bring new legal issues. Electronic contract formation involving the discharge, electronic money and online payment, tax collection, a series of intellectual property protection and other aspects of legal issues, existing national legal systems and lack of relevant international treaties and norms in the corresponding measures of adjustment means. Therefore, this new type of economic activity in changing the traditional production, marketing and business management, but also the adaptation of existing commercial trading activities in the way of traditional international economic legal system poses a serious challenge and impact.

(E) interaction with other trends in the field of legislation to strengthen
the deepening of economic globalization in the international economic legal system, while gradually integrating with the economic activities related to the environment, foreign affairs, health, social and other fields legal system, legal system with the international economy increasingly close ties, deepening interaction effects. Legislation from the current situation in China, involving environmental protection, "Solid Waste Pollution Prevention
Governing Law "and" Endangered Species of Wild Fauna and Flora Import and Export Regulations, "involving medical and health of the" Food Safety Law "and" Drug Administration Law "to promote the development of SMEs," SME Promotion Law, "Protection Intellectual Property "Intellectual Property Protection Ordinance" and other laws and regulations in the legislation and amendments to improve the process, the State must require the same of these laws and regulations, "Foreign Trade Law" and the convergence of WTO rules. Legislation from the international economic situation, although the anti-dumping, subsidies and countervailing and safeguard measures, rules of origin, technical barriers, inspection and quarantine measures, customs valuation, intellectual property protection agreement itself the object of the different adjustments, but They are closely related to international trade, so were included in the WTO multilateral trade rules of law, their impact and contact with each other, as an international trade law as a whole, greatly contributed to international trade liberalization and facilitation.


Second, the starting point of China's market economy legal system building

under the influence of economic globalization, the principles of international economic law increasingly unified, a large number of uniform rules, and adjust the intensity and scope of its constantly enhance and expand, to a certain extent, weakened national sovereignty. Meanwhile, the current legal system of China's socialist market economy fully the impact of economic globalization. Thus, economic globalization on China's economic legislation is a huge challenge. On the other hand, the challenges of economic globalization, international economic law for the development of a great power and space, is conducive to learning in other countries of advanced science and technology, management experience and institutional arrangements, starting point and build the socialist market economic and legal system.

(A) attaches great importance to building a complete system of socialist market economy with Chinese characteristics
legal system makes the current world economic globalization in the economic field of international competition, domestic, international and domestic competition, which requires the law of China development must adapt to economic globalization and international development trends. To better cope with this world and the challenges of economic globalization, China should strengthen the study of international economic law, from the national conditions, the strengthening of international economic law and domestic law, civil and commercial law and through mutual association, so that our legal system Construction closely with international law, truly establish the concept of global awareness and international, as China's foreign trade and economic and social efficiency, sustainable development, to provide legal support. Since this world, China has successively completed the "Commercial Bank Law", "Foreign Trade Law", "Securities Law", "Company Law", "Personal Income Tax Law" and other amendments to the law, formulated and published the "Enterprise Income Tax Law," " Property Law, "" Labor Contract Law "," Antimonopoly Law "," Insurance Law "and other laws, the" Telecommunications Law "is stepping up the development process. In addition, Trade-Related Aspects of Intellectual Property "Copyright Law," "Trademark Law", "Computer Software Protection Regulations," "Trademark Law Implementing Rules," "Patent Law" and other laws were revised and improved, and the original "Rules for the Implementation of the Patent Law" to "Regulations for the Implementation of the Patent Law." Continue to make you see the effectiveness of legislation, we should also see that our legal system is far from perfect and does not meet the economic globalization and building a socialist market economy. Particular legislation in the area of trade in services is relatively weak and lagging behind. Neither specialized services trade, and the service areas of special regulations are not perfect. With the deepening of international trade in services and speed up the legislative work of trade in services, establish and perfect the legal system of trade in services is the construction of an economic legal system an important part can not be ignored. Meanwhile, to maintain domestic economic and industrial security and sustainable development, should further improve the anti-dumping, countervailing and safeguard measures, trade remedy the legal system, and to formulate norms and e-commerce transactions and other new format of the laws and regulations.

(B) a flexible interface to comply with, the use of international conventions and principles of international law
under conditions of economic globalization, the face of increasingly complex international political and economic situation, on the one hand we have to actively fulfill WTO commitments and other international joined conventions, regional economic integration agreements or free trade agreements, comply with the relevant international conventions and principles of international law. On the other hand, should conform to the principles of international law to promote the convergence of global trends, in accordance with WTO rules and China to participate in other international conventions or agreements, continue to sort out our current legal system on the economy, in domestic legislative, judicial, law enforcement process focus on justice, transparency, national treatment, non-discriminatory and market access principles apply to domestic legislative, judicial and law enforcement system and the convergence of the relevant international rules. Meanwhile, we must actively study and application of international rules, to fulfill its international obligations and the combination of China's economic development, full use of multilateral rules to safeguard our economic interests, including the emphasis on application of the principle on which such an exception for China's economic and social development, for our enterprises to develop international operations and other economic activities, escort.

(C) actively participate in international rule-making
in international law, economic law, international treaties and international conventions in the formulation process, as countries in different stages of development, there is a big difference between political and economic power in the international treaties negotiations and rule-making process has a different voice, often there are big and strong priority to the interests of the phenomenon. North-South conflict in the world today is becoming increasingly fierce, the growing gap between rich and poor, developing countries must stand attaches great importance to national development and the formulation of international rules to enhance the participation of various international economic organizations and voice, so that international law developed to maximize the reflection of the common interests of developed and developing countries more effectively in developing countries, economic and social development. Therefore, we should pay more attention to the rules of the existing depth study of international economic law, and further strengthening the relevant human resources development, training a large number of proficient in international law and international negotiations, high-quality personnel. As a responsible developing country, with the majority of developing countries to actively cooperate in the development and improvement of international rules to play a more constructive role. Adhere to the principal, as I used to make better international rules to establish a fair and reasonable new international economic order and economic and social sustainable development. Links to Research Papers Download http://www.hi138.com